Court No. - 52
Case :- APPLICATION U/S 482 No. - 9559 of 2018 Applicant :- Rajendra Prasad Opposite Party :- State Of U.P.
Counsel for Applicant :- Devottam Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Devottam Pandey, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 21.2.2018 passed by Sessions Judge, Ballia in Sessions Trial No.204 of 2017 (State Versus Pintu Singh and others) arising out of Case Crime No.259 of 2017 Sections 302, 452, 323, 383, 427 and 352 I.P.C., P.S. Dubahar, District Ballia.
The contention of learned counsel for the applicant is that application under Section 193 Cr.P.C. after committal of the case to the court of sessions was moved for summoning some of the accused who were not charge-sheeted by the police.
The trial court after scanning material collected during investigation has recorded that it is always open for the applicant in case evidence appeared during trial against a person, who has not been charge-sheeted, to move an application and they can very well be summoned under Section 319 Cr.P.C. to face trial, if the evidence on record so warrants.
In view of aforesaid, I do not find any illegality or impropriety in the order passed by the trial court.
The prayer for quashing order impugned is refused.
The application under Section 482 Cr.P.C. is, accordingly, dismissed.
Order Date :- 23.3.2018 MN/-